RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01239
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His general (under honorable conditions) discharge be upgraded
to honorable.
________________________________________________________________
APPLICANT CONTENDS THAT:
There was no error; he did his job honorably and had no bad time
or Article 15 action. He needs the upgrade to boost his
employment opportunities.
The applicants complete submission is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 17 Mar 75, the squadron commander notified the applicant of
administrative discharge action for unsuitability, specifically
for apathy and a defective attitude. For a full list of the
offenses, please see the commanders notification letter at
Exhibit B. After consulting with counsel and having been
advised of his rights, the applicant waived his right to submit
statements in his own behalf. On 21 Mar 75, the staff judge
advocate found the case file legally sufficient and recommended
the applicant receive a general discharge without probation and
rehabilitation (P&R). On 25 Mar 75, the discharge authority
approved the general discharge without P&R.
On 3 Apr 75, the applicant was discharged by reason of
motivational problems, with service characterized as general
(under honorable conditions). He was credited with 3 year,
3 months, and 1 day of active duty service during this period.
________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an injustice. Based on the
available evidence of record, it appears the discharge was
consistent with the substantive requirements of the discharge
regulation and within the commander's discretionary authority.
The applicant has provided no evidence which would lead us to
believe the characterization of the service was contrary to the
provisions of the governing regulation, unduly harsh, or
disproportionate to the offenses committed. In the interest of
justice we considered upgrading the discharge on the basis of
clemency; however, based on the lack of post service information
we are not persuaded that an upgrade of the characterization of
his discharge is warranted. Should the applicant provide
additional information, e.g., post-service documentation to
support his claim, we would be willing to reconsider his
request. In view of the above and in the absence of evidence to
the contrary, we find no basis upon which to recommend granting
the relief sought.
________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified the evidence presented did not
demonstrate the existence of material error or injustice; the
application was denied without a personal appearance; and the
application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
________________________________________________________________
The following members of the Board considered AFBCMR Docket
Number BC-2013-01239 in Executive Session on 9 Jan 14, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 20 Feb 13.
Exhibit B. Applicant's Master Personnel Records.
Panel Chair
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